64 Louisiana companies will face U.S. Immigration and Customs inspections this year

U.S. Immigration and Customs Enforcement will inspect hiring records at 64 Louisiana companies this year as part of a nationwide crackdown on compliance with employment-eligibility verification laws.

Rusty Costanza/The Times-PicayuneApprentice shipfitters and welders build pipe baskets at Northrop Grumman Shipbuilding in Avondale in November 2008. 'Northrop Grumman ... has an extensive process of validating its employees are authorized to work in the U.S. In addition to completing I-9s we also E-Verify all employees,' said Bill Glenn, the company's media relations manager. More than 650 businesses nationwide are being inspected, greater than in all of fiscal year 2008. The 64 Louisiana inspections will account for more than one-third of the 180 inspections that the agency plans to conduct in a five-state region that includes Louisiana, Mississippi, Alabama, Arkansas, and Tennessee.

"This initiative is in line with the Department of Homeland Security's vital responsibility to enforce the laws, reduce demand for illegal workers and protect opportunities for the nation's lawful workforce," said Temple Black, a New Orleans-based spokesman for Customs.

In the past, Customs' enforcement efforts have honed in on individuals believed to be working illegally in the United States, but the agency is now aiming more squarely at the companies that employ those individuals, Black said.

Customs officials will be auditing I-9 forms, which are used by employers to verify an employee's identity and to establish that the worker is eligible to work in the United States. With a few exceptions, such as the hiring of casual domestic help, every employer must have an I-9 on file for each employee. The agency expects to complete its inspections by the end of 2010.

"They're going to be inspecting I-9 forms and even other hiring records to make sure that those employes are eligible to work, and they're doing it in a very methodical and (more) pervasive way that they have not done before," said Clyde Jacob, director and head of the New Orleans office of the law firm Coats Rose Yale Ryman & Lee.

Black wouldn't disclose which local companies and sectors will be targeted by the inspections, but said the agency is prioritizing investigations at critical infrastructure facilities such as ports and energy operations. Customs is also concentrating on investigating firms that knowingly employ unauthorized workers and often commit labor and health violations.

Jacob said the diverse population in the metro New Orleans area could be one reason why the agency is conducting inspections here.

"We do have a large ... immigrant population here," he said. "Throughout the Deep South, you're finding larger concentrations of Hispanics over the last decade than you've had before."

Jacob said the inspections could be particularly surprising to smaller firms.

"My experience is that the business community has taken it very seriously. Major employers are on top of this. They may have some small glitches here or there, but they are substantially or wholly compliant," Jacob said. "When you move into the smaller employers, that's where you could find deficiencies occurring. You'd be surprised at the number of small employers that have never even heard of the I-9 forms."

Renee Baker, Louisiana state director of the National Federation of Independent Business, a small-business association, agreed.

"Small businesses ... they don't have attorneys on staff; a lot of times they don't even have attorneys on retainer. Knowing all the ins and outs of employment law is a lot to ask someone who's drying your clothes or fixing your car," Baker said. "It can get pretty burdensome for small businesses."

Customs' announcement in March that it will be inspecting Louisiana businesses has prompted firms of all sizes to doublecheck their paperwork.

"Employers are really going back and trying to make sure that they have everything in order," Jacob said.

Jacob said he is advising companies to conduct their own internal audits of their I-9s, perhaps with the assistance of an independent third party, to make sure the paperwork is in order. He is also urging companies to make sure they have an established system for dealing with "no match letters" from the Social Security Administration. The administration sends so-called no match letters to notify employers when a worker's name or Social Security number doesn't match up with the government's records.

Finally, Jacob is encouraging companies to consider participating in E-Verify, a program run by the Department of Homeland Security and the Social Security Administration that helps certify that employees are legally authorized to work in the United States.

"If (Customs) shows up at your door and you're participating in E-Verify, that becomes a benefit to you," Jacob said. "It puts you in a better position for the audit."

Robert Socha, spokesman for Bollinger Shipyards, said his company has been using E-Verify since September.

"Not only do we use E-Verify for our own employees, but also for our subcontractors," Socha said. Bollinger also does periodic internal audits of its I-9 forms.

All of those steps, according to Socha, have put the company in a good position to handle any audit Customs may conduct.

Northrop Grumman also participates in E-Verify.

"Northrop Grumman Shipbuilding-Gulf Coast has an extensive process of validating its employees are authorized to work in the U.S. In addition to completing I-9s we also E-Verify all employees," said Bill Glenn, the company's media relations manager.

Harry Wadsworth, spokesman for Lockheed Martin at the Michoud Assembly Facility, said that because of the security associated with his firm's work on the space shuttle's external fuel tanks, employment requirements are already more stringent than those imposed by Customs.

"Since we're on a secure government facility, our requirements are far higher and more involved as to proof of citizenship," Wadsworth said. "We have in-depth security clearances and restrict access to space flight components. To be allowed access to the facility, foreign nationals must provide detailed personal information (sometimes weeks ahead of time) to NASA and be approved."

"As a public utility with extensive critical energy infrastructure, we are high on the government's priority list to ensure compliance. It's a responsibility we take very seriously," said Michael Burns, senior communications specialist for Entergy.

Kimberly Quillen can be reached at kquillen@timespicayune.com or 504.826.3416.